Sexual harassment in the workplace can quickly contribute to a hostile work environment. On top of this injustice, those who report such misbehavior are many times retaliated against in many ways. This is when it is time for employment law experts such as Ty Hyderally to step in and take action. Both of these actions, sexual harassment and retaliation for reporting are in violation of employment laws that are in place. When these types of injustices occur, the U.S. Equal Employment Opportunity Commission (EEOC) steps in to litigate. In order to avoid such a big mess in the workplace, expert lawyers like Tayeb Hyderally work to inform businesses and workers of their rights and responsibilities as they pertain to employment law.

A jury just awarded $350,000 to three women who used to work at Endoscopic Microsurgery Associates which is a medical practice located in the Baltimore area. The women alleged that they were exposed to unwanted and unsolicited sexual advances by the company’s CEO. The EEOC’s suit states that Linda Lux, the company’s receptionist was repeatedly suffering unwanted sexual advancements which was creating a hostile environment in which she had to work. The company’s CEO, Dr. Mark Noar and its CFO, Martin Virga continually made sexually motivated advances toward Ms. Luz who kept on refusing the advancements. The practice then began to retaliate against her by disciplining her for nonexistent infractions in behavior and rescinding leave that had been approved before. Eventually these built up until she was terminated. Study coordinator Jacqueline Huskins and Nurse Kimberly Hutchinson both reported that they also suffered similar experiences and advances from both Virga and Noar.

The company and the EEOC could not reach a suitable settlement through the conciliation process. It went before a jury of 9 Baltimore residents who found unanimously that the ladies were entitled to compensatory damages in varying amounts from $4,000 to $110,000. Each of the women also received $110,000.

This is a very significant verdict as it sends a message to those in high positions. It lets them know that just because they work at a high level in a reputable company; it does not mean that they are exempt from employment laws. They must continue to treat other employees in a professional manner. Cases such as these help remind companies how important it is for sexual harassment policies to be in place in their company. Their employees should know how, where and to whom these types of behaviors must be reported. They must also realize that retaliatory actions for reporting an incident such as this will be penalized.

The EEOC is the government agency which has the responsibility of enforcing Title VII of the Civil Rights Act of 1964. They work with lawyers such as Tayeb Hyderally to prepare companies for these types of situations. Employment law specialists such as Ty Hyderally can help companies develop policies which inform employees of their rights and responsibilities in dealing with sexual harassment and retaliatory actions for reporting in the workplace.

The issue is often not what was the harassment, but why is the employee being harassed. That is often times lost in deciding how to handle the situation. Thus, employees will merely respond to the situation by addressing the criticism from the boss without thinking about the more critical issue of why am I a being so treated.

There are three pieces of advice I would share. Number one, if you are in this type of situation, it is important that you meet with a qualified lawyer who concentrates in Employment law to help address the “why” issue and decide the appropriate strategy of what to do next. There are discrimination statutes (LAD), breach of contract issues, wage and hour statutes (FLSA), medical issues (FMLA), and a whistleblower statute to be mindful of (CEPA). There is also the issue of balancing the equities in a reasonable accommodation dialogue. employment law is akin to chess and it is important that a strategy is implemented thinking two or three steps into the future.

The second piece of advice is that an employee should not handle the situation by having an oral conversation. An email or some other form of documentation is very important to ensure there is accurate documentation of the interaction.

The third piece of advice is that the employee should print and maintain in a safe and secure location copies of all relevant documents. We have a number of clients who make a complaint, are escorted out, and are not able to retrieve critical documents that are sitting on their computer or in their emails.

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